6.b.ii. [Mental element for Element 3] [Consequence of appropriation]: the perpetrator was aware that certain property would be appropriated in the ordinary course of events

6.b.ii. [Mental element for Element 3] [Consequence of appropriation]: the perpetrator was aware that certain property would be appropriated in the ordinary course of events

Similarly, the Naletilić and Martinović ("Tuta and Štela") Trial Chamber found that:

"Mladen Naletilić knew that this kind of operation was being carried out by soldiers under his authority since he was present in some instances of plunder. He was therefore put on notice, but disregarded his duties of taking reasonable measures to prevent plunder or punish the perpetrators."[1]

In Blaškić, the Trial Chamber found the accused guilty as commander of the Croatian forces whose members committed widespread acts of plunder.

"The Croatian forces, both the HVO and independent units, plundered and burned to the ground the houses and stables, ... slaughtered the livestock and destroyed or damaged the mosques ... At no time did [Blaskić] even take the most basic measure which any commander must at least take when he knows that crimes are about to be or have actually been committed. The end result of such an attitude was not only the scale of the crimes [...] but also the realisation of the Croatian nationalists' goals [...] the plunder of [the Muslim population's] property"[2]